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RICHARD CORCORAN, AS COMMISSIONER OF EDUCATION vs JUSTIN DAVID BAKER, 21-000511PL (2021)

Court: Division of Administrative Hearings, Florida Number: 21-000511PL Visitors: 23
Petitioner: RICHARD CORCORAN, AS COMMISSIONER OF EDUCATION
Respondent: JUSTIN DAVID BAKER
Judges: SUZANNE VAN WYK
Agency: Department of Education
Locations: Jacksonville, Florida
Filed: Feb. 12, 2021
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, March 9, 2021.

Latest Update: Jun. 02, 2025
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION RICHARD CORCORAN, as Commissioner of Education, Petitioner, vs. CASE NO. 190-0251 JUSTIN DAVID BAKER, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Richard Corcoran, as Commissioner of Education, files this Administrative Complaint against JUSTIN DAVID BAKER. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s educator’s certificate pursuant to sections 1012.315, 1012.795, and 1012.796, Florida Statutes, and pursuant to Rule 6A-10.081, Florida Administrative Code, Principles of Professional Conduct for the Education Profession in Florida, said sanctions specifically set forth in sections 1012.795(1) and 1012.796(7), Florida Statutes. The Petitioner alleges: JURISDICTION 1 The Respondent holds Florida Educator’s Certificate 1286599, covering the area of Mathematics, which is valid through June 30, 2023. 2. At all times pertinent hereto, the Respondent was employed as a Mathematics Teacher at Kernan Boulevard Middle School in the Duval County School District. MATERIAL ALLEGATIONS 3. During December of 2018, Respondent behaved inappropriately before his class of middle school students. Respondent's behavior included by was not limited to: a) Respondent lifted i | dle school student, above his head in a dangerous manner against the wishes of| was frightened by Respondent's actions. b) Respondent held several [students in choke holds to the extent that at least one student began to turn red. Probable Cause Letter and Administrative Complaint.-2 JUSTIN DAVID BAKER Administrative Complaint Page 2 of 3 c) Respondent shared disturbing details of his personal life with the class including but not limited to that he was afraid that he was going to jail for a hit and run incident. d) While students were testing, Respondent could be heard stating under his breath, "I'm going to kill them all," or words to that effect. Respondent's words caused some students to be concerned for their safety. 4. On or about August 29, 2018, Respondent was operating a motor vehicle in a reckless manner when he became involved in an accident that resulted in injury and extensive property damage. Respondent was charged with Leaving Scene of Crash with Injury. On or about October 11, 2019, Respondent pled nolo contendere to the charge and the court withheld adjudication of guilt. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of Section 1012.795(1)(f), Florida Statutes, in that Respondent has been convicted of or found guilty, has had adjudication withheld for, or has pled guilty or nolo contendere to a misdemeanor, felony, or any other criminal charge other than a minor traffic violation. COUNT 2: The Respondent is in violation of section 1012.795(1)(), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession prescribed by State Board of Education rules. RULE VIOLATIONS COUNT 3: The allegations of misconduct set forth herein are in violation of Rule 6A- 10.081(2)(a)1, Florida Administrative Code, in that Respondent has failed to make reasonable effort to protect the student from conditions harmful to learning and/or to the student’s mental health and/or physical health and/or safety. (SIGNATURE ON FOLLOWING PAGE) Probable Cause Letter and Administrative Complaint.-3 JUSTIN DAVID BAKER Administrative Complaint Page 3 of 3 WHEREFORE, based on the reasons set forth herein and in accordance with the Explanation of Rights and Election of Rights forms attached to and made a part of this Administrative Complaint, Petitioner respectfully recommends that the Education Practices Commission impose an appropriate sanction against the Respondent’s educator’s certificate pursuant to the authority provided in sections 1012.795(1) and 1012.796(7), Florida Statutes. The sanctions imposed by the Education Practices Commission may include, but are not limited to, any one or a combination of the following: issuing the Respondent a written reprimand; placing the Respondent on probation for any period of time; restricting the Respondent’s authorized scope of practice; assessing the Respondent an administrative fine; directing the Respondent to enroll in the Recovery Network Program; suspending the Respondent’s educator’s certificate for a period of time not to exceed five years; revoking the Respondent’s educator’s certificate for a period of time up to 10 years or permanently; determining the Respondent to be ineligible for certification; or barring the Respondent from reapplying for an educator’s certificate for a period of time up to 10 years or permanently. EXECUTED on this |] day of July , 2020. Mili RICHARD CORCORAN, as Commissioner of Education State of Florida Probable Cause Letter and Administrative Complaint.-4

Docket for Case No: 21-000511PL
Issue Date Proceedings
Mar. 09, 2021 Order Closing File and Reliquishing Jurisdiction. CASE CLOSED.
Mar. 08, 2021 Unopposed Motion to Close File filed.
Mar. 02, 2021 Undeliverable envelope returned from the Post Office.
Mar. 02, 2021 Amended Notice of Telephonic Pre-hearing Conference (pre-hearing conference set for March 4, 2021; 12:00 p.m., Eastern Time).
Mar. 01, 2021 Undeliverable envelope returned from the Post Office.
Feb. 24, 2021 Petitioner's Notice of Taking Deposition via Zoom (Baker) filed.
Feb. 22, 2021 Notice of Telephonic Pre-hearing Conference (set for March 1, 2021; 10:00 a.m., Eastern Time).
Feb. 18, 2021 Order of Pre-hearing Instructions.
Feb. 18, 2021 Notice of Hearing by Zoom Conference (hearing set for April 2, 2021; 9:00 a.m., Eastern Time).
Feb. 16, 2021 Certificate of Service of Discovery filed.
Feb. 16, 2021 Petitioner's Response to Initial Order filed.
Feb. 12, 2021 Initial Order.
Feb. 12, 2021 Administrative Complaint filed.
Feb. 12, 2021 Finding of Probable Cause filed.
Feb. 12, 2021 Election of Rights filed.
Feb. 12, 2021 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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